DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
MEH:ddj
Docket No: 8260-01
26 February 2002
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 26 February 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by NPC memorandum 1 160 PERS-811 of 8 February 2002, a copy of which is
attached.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. You are requesting that the reenlistment of 31 August 2001, for which you received a
zone "B" Selective Reenlistment Bonus (SRB), be backdated to 26 July 2001 to receive the
bonus in a tax-free zone. You departed the tax-free zone on 27 July 2001 to take emergency
leave. Although the circumstances are unfortunate, you had ample time prior to that to reenlist
and receive a tax-free SRB. To backdate your reenlistment would be using hindsight to gain a
greater monetary entitlement.
Notwithstanding the advisory opinion, the Board found the evidence submitted was insufficient to
establish the existence of probable error or injustice. Accordingly, your application has been
denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
Docket No: 8260-01
In this regard, it is important to keep in mind that a presumption of regularity attaches to all
official records. Consequently, when applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
M ILLINGTON TN 38055-0000
IN REPLY REFER TO
1160
PERS-811
08 Feb 02
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-OOZCB
Subj: BCNR PETITION ICO
Ref:
(a) SNM1s DD Form 149 dtd 04 Nov 01
Encl :
(1) BCNR File
1. In response to reference (a), recommend approval of the
petitioner's request.
2. The petitioner was in a tax free zone upon departure and would
have been eligible for tax free SRB had he not been required to
depart the AOR on emergency leave on 27 July 2001.
3 . Upon the petitioner's return, his ship had departed the AOR,
and through no fault of his own, he had missed the requirements
set forth in NAVADMIN 223/01.
4. In view of the above, recommend the petitioner's reenlistment
dated 31 August 2001 be expunged and a tax free SRB qualifying
reenlistment be effected on 26 July 2001.
5. This is an advisory memorandum to reference (a) for use by the
) only. Enclosure (1)
Board for Correction of Naval R
is returned.
centives Branch
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